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Michael Alan Weiss, as Executor of Estate of Jane L. Marsh v. Peggy Pei Lin, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55877 · judgment September 21, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
for certiorari review: (a) Has the 9th Circuit panel, and/or its clerk and staff attorney, used procedural or substantive springes unconstitutional under the 5th Amendment Due Process Clause, to deprive petitioners appeal of its $640,000 contractually vested and executed right in property and to defend it plainly and reasonably made, in a way that conflicts with decisions of this court in more than one of its constitutionally grounded due process decisions and hence in need of guidance? (b) Has the 9th Cir panel, and/or its clerk and staff attorney, sanctioned such a departure by the district court of the fundamental U.S. Constitutional principles of giving notice before it makes its decisions, and then after it made its decisions fail to give notice as to call for an exercise of this Court's supervisory power? (c) Has the 9th Cir panel and/or its clerk and staff attorney derailed assignment to a panel by the 9th Cir court, as a court, in a way that has so far departed from F.R.A.P. 34 by using its summary disposition General Order (hereafter G.O.) 6.5(c) procedure in violation of 28 U.S.C. 46(a) and thereafter conducting proceedings that were not full and fair, regular and meaningful, as to call for an exercise of this Court's supervisory power and guidance? (d) Because in 1994 only 11% of appellate opinions were on the merits and the rest of procedure, per Lawrence on Behalf of Lawrence v. Chater (U.S.N.C. 1996) 516 U.S. 163, 171 & FN 1 [116 S.Ct. 604, 133 L.Ed.2d 545]; and, today because the 12-31-23 report reveals that 60% of the appeals were terminated, can it
Counsel of record
For petitioner
Michael Alan Weiss
Law Office Michael Weiss
For respondent
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Case
Conference history
Distributed for 2 conferences
Proceedings
- May 27 2025Rehearing DENIED.
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- Nov 27 2024Petition for Rehearing filed.
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Sep 19 2024Motion for Judicial Notice of Michael Weiss submitted.
- Apr 08 2024Petition for a writ of certiorari filed. (Response due September 23, 2024)